Meeting of the Parliament (Hybrid) 11 March 2021
Thank you.
It is so important to recognise the safeguards in the bill; they are really strong safeguards. A necessary element of the new stirring up of hatred offences is that they will now require an intention to stir up hatred. That provision safeguards freedom of expression. Its being made clear in the bill that there is an objective test safeguards freedom of expression. The availability of a reasonableness defence safeguards freedom of expression. Requiring each element of the stirring up of hatred to be proved beyond reasonable doubt, with corroborated evidence, safeguards freedom of expression. At stage 3, amendments introduced a new freedom of expression provision for all characteristics except race. That safeguards freedom of expression.
In my closing speech, I will certainly address the issues that were raised about non-inclusion of the sex aggravator that Johann Lamont, Elaine Smith and a number of other members have raised, but I am out of time to do that now.
I will say simply that the bill makes it clear that we are listening to the victims of hate crime. We can hear that from any organisations that represent the many victims of hate crime. The bill has shown the very best of Parliament this year, and a number of changes have been made to it.
I am delighted that we have a bill that will strengthen the law to tackle hate crime in a way that protects the right of everyone to live their lives free of harm while, of course, it will also protect their right to freedom of expression.
I move,
That the Parliament agrees that the Hate Crime and Public Order (Scotland) Bill be passed.